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Assembly Bill A5432

2025-2026 Legislative Session

Relates to dispensing certain controlled substances for use by a person with a substance use disorder

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2025-A5432 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §3351, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A9882

2025-A5432 (ACTIVE) - Summary

Relates to dispensing certain controlled substances for use by a person with a substance use disorder during certain emergency medical treatment, for use in maintenance or detoxification treatment, or to relieve acute withdrawal symptoms.

2025-A5432 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5432
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. McDONALD, WOERNER, LUPARDO, WALSH, JENSEN, CRUZ,
   LAVINE, REYES, BEEPHAN, ANGELINO, LEMONDES, GALLAHAN, MAHER --  Multi-
   Sponsored  by  --  M.    of A. DAVILA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to dispensing certain
   controlled substances for use by a person with a substance use  disor-
   der
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 3351 of the  public  health
 law,  as  added by chapter 878 of the laws of 1972, is amended and a new
 subdivision 1-a is added to read as follows:
   1. Controlled substances may be prescribed  for,  or  administered  or
 dispensed  to  [an  addict]  A   PERSON WITH A SUBSTANCE USE DISORDER or
 habitual user:
   (a) during emergency  medical  treatment  unrelated  to  [abuse]  SUCH
 SUBSTANCE USE DISORDER OR HABITUAL USE of controlled substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis;
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   1-A.  A PRACTITIONER MAY PRESCRIBE, ADMINISTER AND DISPENSE ANY SCHED-
 ULE III, IV, OR V NARCOTIC DRUG APPROVED BY THE FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION  SPECIFICALLY  FOR  USE  IN MAINTENANCE OR DETOXIFICATION
 TREATMENT TO A PERSON WITH A SUBSTANCE USE DISORDER OR HABITUAL USER.
   2. Controlled substances may be ordered  for  use  by  [an  addict]  A
 PERSON  WITH A SUBSTANCE USE DISORDER or habitual user by a practitioner
 and administered by a practitioner [or], registered nurse, OR  EMERGENCY
 MEDICAL  TECHNICIAN-PARAMEDIC, ACTING WITHIN THEIR SCOPE OF PRACTICE, to
 relieve acute withdrawal symptoms.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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